California Petition for Factual Innocence – PC 851.8

January 15, 2023

A petition for factual innocence under California penal code 851.8 pc allows a person who has been arrested but not convicted of a crime to petition the court to have the arrest record sealed and destroyed. This can be an important step in clearing a person’s criminal record and can help to prevent discrimination or negative consequences that may result from having an arrest record.

Factual Innocence Process and Requirements

To file a petition for factual innocence, the person must have been arrested, but not convicted of the crime. The petition must be filed in the same court where the arrest occurred and must be filed within two years of the arrest. The petition must include a declaration under penalty of perjury, stating that the person is factually innocent of the crime for which they were arrested.

The court will then hold a hearing to determine whether the person is factually innocent of the crime. The prosecution has an opportunity to present evidence and argue against the petition. The person who filed the petition may also present evidence and testimony in support of their innocence. If the court finds that the person is factually innocent of the crime, the arrest record will be sealed and destroyed.

Other Relief Remedies

Additionally, it is important to note that a petition for factual innocence is different than other types of relief, such as a motion to vacate a conviction or a certificate of rehabilitation, and expungement. Each of these options have different requirements and may have different effects on a person’s criminal record.

Contact an Experienced Attorney to File a Petition for Factual Innocence

If you were arrested and no charges were filed, or charges were dismissed, then you may be eligible to file a petition for factual innocence. Contact the Law Offices of John D. Rogers today to schedule a free consultation. Call us today to speak with an experienced Orange County criminal defense attorney.

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